On The Protection Of Three-Dimensional Trademark

With the development of commodity economy,due to its special shape,as a trademark of non-traditional Three-dimensional trademark is got the favor of enterprises and businesses more and more.There are currently more than 80 countries and regions to stereoscopic trademarks registered protection.To join WTO and the international protection of intellectual property rights,the trademark law of our country revised in 2001 when the stereoscopic trademarks would be included in the scope of the protection of the trademark law.Because of the protection of Three-dimensional trademarks in China started relatively late, the Three-dimensional trademark that has not formed mature and unified standard.There are two main Three-dimensional trademarks registered conditions, significant and non-functional.In judicial practice,the trademark dispute mainly exists in the distinctiveness of identifying rather than on the non-functionality. "Nestle dimensional bottle" trademark dispute discussed in this article occurred in this context. "Nestle dimensional bottle" trademark dispute lasted more than ten years,in September 2013,it was finally settled.Imperfect dimensional trademark protection system not only brought trouble to the judicial administration department,but also hindered the development of the new type of stereoscopic trademarks.In this situation,the study of registration and protection of three-dimensional trademark is of great importance.This paper will be divided into five parts,the specific arrangement is as follows:The first part introduces the case of the whole story and the focus of controversy,combined with the background of the incident,a detailed analysis of the case to the problem of three-dimensional trademark protection in our country,leading to the issue this paper discusses;Stereoscopic trademarks in the second part introduces the basic legal theory, namely,the overview of the Three-dimensional trademarks,including the meaning of Three-dimensional trademarks,overseas situation for the protection of Three-dimensional trademarks as well as the present situation of the protection of Three-dimensional trademarks in China,to make a matting for open discussion below.The third part takes "three bottles of Nestle" trademark for the bill as the foundation,which introduces in detail two problems related to the focus of controversy on the case,Three-dimensional trademark distinctiveness and non-functionality,combined with the case are analyzed.The significant of the case and the most controversial problem —the three-dimensional trademark distinctiveness is systematically discussed, to providing a feasible suggestion which can identify three-dimensional trademark distinctiveness.In this section expounds significance of perfecting our country’s stereoscopic trademark review standards,based on the theory foundation of trademark distinctiveness and draw lessons from foreign experience about stereoscopic trademark review the reasonable part,on this basis,put forward the significant stereoscopic trademarks review,can according to the actual circumstances of the case, step by step.The fourth part introduces the clash of competing with Three-dimensional trademarks and related intellectual property,which is the case related to another problem;For the last part of our previously raised in the three-dimensional trademark protection problems,the concrete and feasible suggestion are put forward.